No trust needs to be filed, registered, or recorded in Florida – neither with the court nor anyone else. Florida law protects the confidentiality of trusts, requiring no recording, filing, or registering involved in the document's creation. Nowadays, it is almost impossible to avoid having one's privacy invaded.
So, if one chooses to create their own living trust without the assistance of an attorney, they must ensure that they do all the legal research applicable to their situation, as well as, ensure their documents contain all necessary statutory requirements.
To set up a living trust, you'll choose the type of trust you'll need, take a thorough inventory of your property, and choose a trustee. Then you'll need to draw up the trust document and sign it in front of a notary public. After that, you'll fund the trust by transferring property into the trust.
In Florida, the living trust document must be signed in the presence of two witnesses and a notary. Fund the Trust. Transferring assets into the trust is crucial; otherwise, it will remain empty and ineffective. Each type of asset (real estate, bank accounts, etc.) has its own procedure for transfer.
Why is filing necessary? Filing a Notice of Trust does several important things: Complies with the law: Florida law says trustees must file the notice in the county where the trustor lived when they died. Informs creditors: The notice informs the deceased's creditors about the trust.
Your attorney will guide you through these steps for how to set up a trust in Florida: Decide on an Individual or Shared Trust. Choose the Property To Include. Designate a Successor Trustee. Choose the Beneficiaries. Draft the Trust Document. Sign the Document in the Presence of a Notary. Change Property Titles ingly.
No. It is a private document which, unlike a Will, is not entered into public record. You should be aware that if you own any interest in real property, your deed should be filed as a matter of public record. However, this is the case with all real property, whether or not you place it in a Living Trust.
Requirements of a Florida Revocable Living Trust You must indicate an intent to create a trust; The trust must have definite beneficiary; The trustee must have duties to perform; and. The same person is not the sole trustee and sole beneficiary.
To set up a living trust, you'll choose the type of trust you'll need, take a thorough inventory of your property, and choose a trustee. Then you'll need to draw up the trust document and sign it in front of a notary public. After that, you'll fund the trust by transferring property into the trust.
A Florida living trust allows you to transfer your assets to other people upon your death without probate. The trust must be signed by two witnesses and a notary. Living trusts are private documents and are not filed or recorded.